Me again needing some sound advice please

[wolfcreekgal]

What is the name of your state (only U.S. law)? Wyoming

Yesterday I spent an hour and a half in front of an attorney willing to take my case if I establish a "trust fund" for her where she can draw out unlimited monies. I had to doublecheck in the mirror to make SURE I didn't look like an ATM machine. Nope, still me. Attorney wants me to wait and gather more evidence. DAD now knows I'm up to something.

I am the MOM who lost physical custody to the DAD. We have joint legal custody. DAD moved (6 weeks ago) 1100 miles away to Illinois with four year old son.

Proof I have attained:
1) Telephone recording of Dad allowing son to smoke cigarettes with him. CPS is now involved (am waiting for a letter from them).

2) Two missed visitations

3) Dad lied about the address he gave both me and the court, moving to a different address entirely.

4) Warping son so much that son's phone conversations with me are now less than 30 seconds, down from the 15 minutes he talked to me when they first moved. BTW, this is the ONLY contact I have with son now.

5) Dad haggling over summer visitation stating he will give me $400 for gas there and back to pick son up. Court order says Dad is responsible for 100% of transportation costs since he was the party who moved. Attorney says Dad has to pay 55 cents a mile plus hotel and food costs.

6) I stay home and don't work. Have recording of Dad stating son's other "mom" (his new wife) stays home with son while he works.

7) Voice mail left by Dad (when I wasn't home) telling son "guess your mom doesn't want to talk to you".

8) Numerous recordings (after move) of Dad trying to convey a point over and over because he's so drunk.

Question:
Do I have enough to take this into court pro se and have a good chance of modifying custody?

I feel like the longer I wait the less my chance will be, despite what attorney says.

BTW, DAD won custody due to a letter he got from a daycare provider stating he looked like a better parent. We were both pro se and the judge had no other "proof" at the time in which to go by.

 

[wolfcreekgal]

Additionally, I know NOTHING about the woman who is now rearing our son. I talked to her about 5 minutes once right before they moved. She wanted my email address so she could send me pictures of son. No pictures have ever been sent.

 

[CJane]

It is MY opinion that you need to get into court ASAP. At this point, you stand to lose nothing by going in there pro se and you just might win.

You NEED to post here ANY 'findings' on that the court made in the judgment you've received. It will say "The court finds**************" and THAT is the reason you lost in the first place. It might not be as cut and dried as the daycare letter.

 

[wolfcreekgal]

Thanks CJ, that is what I'm thinking too.

Court order states this:
Mother taking child to daycare when she is not working indicates father is more willing to accept all responsibilities of parenting.

and again:
Court finds both parents competent, however, Mother putting child in daycare even when she is at home and not working favors the father.

Note: I took son to daycare (after I lost my job) only because this is a very small town and father would have lost HIS spot if I hadn't. I continued to pay the daycare provider out of child support money from my other son to make SURE father didn't lose his spot.

I had NO idea this would weigh so heavily on the judge's decision or I would have argued the point more in court.

I had been the primary caretaker of son since his birth and only worked because husband had left me penniless for another woman and had no other choice.

I hope this helps......

 

[LdiJ]

Thanks CJ, that is what I'm thinking too.

Court order states this:
Mother taking child to daycare when she is not working indicates father is more willing to accept all responsibilities of parenting.

and again:
Court finds both parents competent, however, Mother putting child in daycare even when she is at home and not working favors the father.

Note: I took son to daycare (after I lost my job) only because this is a very small town and father would have lost HIS spot if I hadn't. I continued to pay the daycare provider out of child support money from my other son to make SURE father didn't lose his spot.

I had NO idea this would weigh so heavily on the judge's decision or I would have argued the point more in court.

I had been the primary caretaker of son since his birth and only worked because husband had left me penniless for another woman and had no other choice.

I hope this helps......

I agree that you should do this pro se if you have no other choice, and immediately. However, you should also consult other attorneys as well. Don't give up because the first one was so ridiculous.

 

[wolfcreekgal]

Thanks to you also LdiJ,
My "small town" options regarding attorneys are extremely limited. The attorney I mentioned above has charged not a dime for her services (as of yet) and I am grateful to her.

The other attorney in town I contacted basically said he wants $300 just to tell me I'll lose. NOT a valid option. He intimidated me enough that I will not deal with him again.

My thought is that I've already lost my baby, what else CAN I lose?

 

[LdiJ]

Thanks to you also LdiJ,
My "small town" options regarding attorneys are extremely limited. The attorney I mentioned above has charged not a dime for her services (as of yet) and I am grateful to her.

The other attorney in town I contacted basically said he wants $300 just to tell me I'll lose. NOT a valid option. He intimidated me enough that I will not deal with him again.

My thought is that I've already lost my baby, what else CAN I lose?

Then by all means, do it pro se and do it now.